Case information
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27424
Rui Wen Pan v. Her Majesty the Queen
(Ontario) (Criminal) (By Leave)
(Publication ban in case)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2001-09-19 | Record returned to the Registrar of the Court of Appeal | |
| 2001-08-22 | Appeal closed | |
| 2001-07-18 | Formal judgment sent to the registrar of the court of appeal and all parties, Revised Judgment correcting lower court file number in French side of judgment | |
| 2001-07-10 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2001-07-03 | Notice of deposit of judgment sent to all parties | |
| 2001-06-29 | Copy of formal judgment being prepared | |
| 2001-06-29 |
Judgment on the appeal rendered, CJ L'HD G Ia Ma Ba Bi Arb LeB, The appeals are dismissed and the constitutional questions for both the Pan and Sawyer actions are answered as follows: SEE LONG Dismissed, no order as to costs |
|
| 2001-01-02 | Transcript received, (203 pages)(joint with 27277) | |
| 2000-12-08 |
Hearing of the appeal, 2000-12-08, (V092-093), CJ L'HD G Ia Ma Ba Bi Arb LeB Judgment reserved |
|
| 2000-12-08 | General proceeding, (additional transcript references - 1 page) (given in Court by the Respondent) | Her Majesty the Queen |
| 2000-12-08 | Acknowledgement and consent for video taping of proceedings, (joint with 27277) | |
| 2000-12-05 | Correspondence received from, R. Pomerance dated Dec. 5, 2000 (fax copy) re: order of oral submission (joint with 27277) | Her Majesty the Queen |
| 2000-11-29 |
Decision on motion to extend time, DeRg, to serve & file the respondent's book of authorities to Nov. 16, 2000. Granted, no order as to costs |
|
| 2000-11-29 | Submission of motion to extend time, DeRg | |
| 2000-11-29 | Notice of appearance, (Letter Form), Sack, Goldblatt dated Nov. 29, 2000 (fax copy)(joint with 27277) | Criminal Lawyers' Association (Ontario) |
| 2000-11-28 | Notice of appearance, (Letter Form), Noel & Ass. en date du 24 novembre 2000 (télécopieur)(joint avec 27277) | Attorney General of Québec |
| 2000-11-17 | Motion to extend time, to file the respondent's authorities to Nov. 16, 2000 (joint with 27277), Completed on: 2000-11-17 | Her Majesty the Queen |
| 2000-11-16 | Book of authorities, (joint with 27277), Completed on: 2000-11-16 | Attorney General of Québec |
| 2000-11-16 | Intervener's factum, (joint with 27277), Completed on: 2000-11-16 | Attorney General of Québec |
| 2000-11-16 | Book of authorities, (joint with 27277), Completed on: 2000-11-16 | Attorney General of British Columbia |
| 2000-11-16 | Intervener's factum, (joint with 27277), Completed on: 2000-11-16 | Attorney General of British Columbia |
| 2000-11-16 | Respondent's book of authorities, Vol. I to III - on Constitutional Questions (joint with 27277) (extension of time requested), Completed on: 2000-11-16 | Her Majesty the Queen |
| 2000-11-16 | Respondent's book of authorities, Vol. I & II (extension of time requested), Completed on: 2000-11-16 | Her Majesty the Queen |
| 2000-11-15 | Intervener's factum, (joint with 27277), Completed on: 2000-11-15 | Attorney General of Manitoba |
| 2000-11-15 | Book of authorities, Vol. I & II (joint with 27277), Completed on: 2000-11-15 | Attorney General of Canada |
| 2000-11-15 | Intervener's factum, (joint with 27277), Completed on: 2000-11-15 | Attorney General of Canada |
| 2000-10-23 | Correspondence received from, M. Green dated Oct. 23, 2000 (fax copy) re: will provide the Court with a copy of a study by Prof. Chopra and Ogloff if it is in print by the time of the hearing (joint with 27277) | Criminal Lawyers' Association (Ontario) |
| 2000-10-20 | Order on miscellaneous motion, (by the Court) | |
| 2000-10-20 |
Decision on miscellaneous motion, CJ, by the respondent. The following be subject to a publication ban: (a) Volumes II and III of the appellant's record; (b) the names of jurors who served at the appellant's second trial: (c) the contents of paragraphs 28-37, 128 and 138 of the appellant's factum; (d) the contents of paragraphs 30-36 of the applicant's memorandum of argument on the application for leave to appeal; and (e) the contents of paragraphs 11 and 22 of the respondent's memorandum on the application for leave to appeal. Granted, no order as to costs |
|
| 2000-10-17 | Respondent's record, (see Order dated Aug. 18/00) (returned for corrections (style of cause) on Oct. 18/00 - back Oct. 19/00), Completed on: 2000-10-30 | Her Majesty the Queen |
| 2000-10-17 | Respondent's factum, (see Order dated Aug. 18/00) (returned for corrections (style of cause) on Oct. 18/00 - back Oct. 19/00), Completed on: 2000-10-17 | Her Majesty the Queen |
| 2000-10-05 | Notice of appearance, of Renee Pomerance at the hearing of the appeal | Her Majesty the Queen |
| 2000-09-22 | Submission of miscellaneous motion, for a publication ban, CJ | |
| 2000-09-22 | Book of authorities, (joint with 27277), Completed on: 2000-09-22 | Criminal Lawyers' Association (Ontario) |
| 2000-09-22 | Intervener's factum, (joint with 27277), Completed on: 2000-09-22 | Criminal Lawyers' Association (Ontario) |
| 2000-09-22 | Order on motion for leave to intervene, (by the Court) | |
| 2000-09-22 |
Decision on the motion for leave to intervene, of the Canadian Psychological Association (for reasons see file), Bi Dismissed, without costs |
|
| 2000-09-21 | Submission of motion for leave to intervene, Bi | |
| 2000-09-21 | Reply to the motion for leave to intervene, from F. Addario dated Sept. 21/00 (by fax) (joint with 27277), Completed on: 2000-09-21 | Canadian Psychological Association |
| 2000-09-21 | Correspondence received from, K. E. Wright dated Sept. 21/00 (by fax) re: outstanding portions of Motion dated Aug. 2/00 and filed Aug. 4/00 (original received Sept. 25/00) | Rui Wen Pan |
| 2000-09-21 | Order on motion to extend time | |
| 2000-09-21 |
Decision on motion to extend time, to serve and file the appellant's book of authorities to Sept. 15, Reg Granted, no order as to costs |
|
| 2000-09-21 | Submission of motion to extend time, Reg | |
| 2000-09-20 | Response to the motion for leave to intervene, (Letter Form), from R. M. Pomerance dated Sept. 20/00 (1 copy) (joint with 27277), Completed on: 2000-09-20 | Her Majesty the Queen |
| 2000-09-20 | Response to motion to extend time, from R. Pomerance (joint with Motion), Completed on: 2000-09-20 | Her Majesty the Queen |
| 2000-09-20 | Motion to extend time, (Letter Form), to serve and file the Appellant's Book of Authorities to Sept. 15/00, Completed on: 2000-09-20 | Rui Wen Pan |
| 2000-09-19 | Response to the motion for leave to intervene, from K. Wright (joint in Motion Book Tab 4), Completed on: 2000-09-19 | Rui Wen Pan |
| 2000-09-19 | Motion for leave to intervene, to file a factum and present oral argument joint with Motion to Extend Time (book form - 4 copies) (joint with 27277), Completed on: 2000-09-19 | Canadian Psychological Association |
| 2000-09-12 | Response to miscellaneous motion, from K.E. Wright dated Sept. 6/00 (joint with Motion), Completed on: 2000-09-12 | Rui Wen Pan |
| 2000-09-12 | Notice of miscellaneous motion, (Letter Form), sealing Vol. II & III of the Appellant's Record (joint with Motion for prohibiting certain paragraphs of the Appellant's Factum - Amended Notice of Motion filed Sept. 20/00), Completed on: 2000-09-12 | Her Majesty the Queen |
| 2000-09-07 | Appellant's book of authorities, Vol. I to III (extension of time requested), Completed on: 2000-09-08 | Rui Wen Pan |
| 2000-09-01 |
Appeal hearing scheduled, 2000-12-08 Judgment reserved |
|
| 2000-08-23 | Notice of intervention respecting a constitutional question | Attorney General of British Columbia |
| 2000-08-22 | Correspondence received from, K. Wright dated Aug. 21/00 (by fax) re: consents to R.M. Pomerance's Order | Rui Wen Pan |
| 2000-08-21 | Correspondence received from, R.M. Pomerance dated Aug. 21/00 (by fax) re: amended Order - publication ban | Her Majesty the Queen |
| 2000-08-18 | Order on motion to directions, (by the Court) | |
| 2000-08-18 |
Decision on motion for directions, CJ, by the appellant: 1. The appeal shall be heard with Sawyer v. The Queen (27277) during the week of Dec. 11, 2000; 2. The appellant be permitted to serve & file a factum not exceeding 50 pages; 3. The appellant shall serve & file the appellant' record & factum on or before Aug. 22, 2000; 4. The factum of the intervener, Criminal Lawyers' Association (Ontario) shall be served & file on or before Sept. 22, 2000; 5. The factum of the respondent shall be served & filed on or before Oct. 17, 2000; 6. The factums of all other interveners shall be served & filed on or before Nov. 16, 2000. Granted, no order as to costs |
|
| 2000-08-18 | Submission of motion for directions, CJ | |
| 2000-08-17 | Appellant's record, Vol. I to X, Completed on: 2000-08-17 | Rui Wen Pan |
| 2000-08-17 | Appellant's factum, (see Order dated Aug. 18/00), Completed on: 2000-08-17 | Rui Wen Pan |
| 2000-08-16 | Notice of intervention respecting a constitutional question | Attorney General of Canada |
| 2000-08-15 | Correspondence received from, K. Wright dated Aug. 14, 2000 (fax copy) re: asking that the publication ban also include any references in the factum to the fresh evidence or to the identity of the jurors (original received Aug. 18/00) | Rui Wen Pan |
| 2000-08-04 | Response to motion for directions, (joint consent), Completed on: 2000-08-04 | Her Majesty the Queen |
| 2000-08-04 | Motion for directions, (extend to Aug. 22 to file the appellant's record and factum, to file 50 pages in length, to be heard with 27277 (Sawyer), banning publication of vol. 2 and 3 of the appellant's record etc.), Completed on: 2000-08-04 | Rui Wen Pan |
| 2000-07-18 | Notice of intervention respecting a constitutional question | Attorney General of Québec |
| 2000-07-05 | Notice of intervention respecting a constitutional question | Attorney General of Manitoba |
| 2000-06-29 | Notice of constitutional question(s) | Rui Wen Pan |
| 2000-06-28 | Order on motion to state a constitutional question | |
| 2000-06-15 |
Decision on the motion to state a constitutional question, CJ, by the appellant is granted (for questions see long judgment). Notices of intervention are to be filed no later than Aug. 28, 2000. Granted, no order as to costs |
|
| 2000-05-30 | Order on motion for leave to intervene, (by the Court) | |
| 2000-05-30 |
Decision on the motion for leave to intervene, Ma, and extension of time by the Criminal Lawyers' Association (ontario). The applicant shall be entilted to file a single factum of 30 pages and to present oral argument limited to 15 minutes. The intervener shall not be entitled to adduce further evidence or otherwise to supplement the record apart from its factum and oral submissions. Pursuant to Rule 18(6) the intervener shall pay to the appellants and respondent any additional disbursements occasioned to the appellants and respondent by the intervention. Granted, no order as to costs |
|
| 2000-05-30 | Submission of motion for leave to intervene, Ma | |
| 2000-05-15 | Submission of motion to state a constitutional question, CJ | |
| 2000-05-11 | Reply to the motion to state a constitutional question, (Letter Form), from K. Wright dated May 10, 2000 (fax copy), Completed on: 2000-05-11 | Rui Wen Pan |
| 2000-05-11 | Response to the motion to state a constitutional question, (Letter Form), from R. Pomerance dated May 5, 2000 (fax copy), Completed on: 2000-05-11 | Her Majesty the Queen |
| 2000-04-20 | Motion to state a constitutional question, (Letter Form), (3 copies), Completed on: 2000-04-27 | Rui Wen Pan |
| 2000-04-06 | Response to the motion for leave to intervene, (joint consent with 27277 - Sawyer) (fax copy), Completed on: 2000-04-06 | Her Majesty the Queen |
| 2000-04-06 | Response to the motion for leave to intervene, Completed on: 2000-04-06 | Rui Wen Pan |
| 2000-04-06 | Motion for leave to intervene, (joint with an order for a single factum of up to 30 pages)(joint with 27277 - Sawyer), Completed on: 2000-04-06 | Criminal Lawyers' Association (Ontario) |
| 2000-03-08 | Appeal perfected for hearing, Session beginning on 2000-10-02 | |
| 2000-03-08 | Order on miscellaneous motion, (by the Court) | |
| 2000-03-08 |
Decision on miscellaneous motion, CJ, 1) This appeal shall be heard together with the appeal in Sawyer v. R. (27277); 2) The time limits for the filing of the facta by the respondent and by the interveners in Sawyer v. R. be extended to coincide with the time limits therefor in the within appeal; 3) That both appeals be heard together in the first two weeks of the Fall session. Granted, no order as to costs |
|
| 2000-03-08 | Submission of miscellaneous motion, CJ | |
| 2000-03-01 | Response to miscellaneous motion, (consent of the intervener, A.G. Cda in Sawyer), Completed on: 2000-03-01 | Her Majesty the Queen |
| 2000-02-29 | Response to miscellaneous motion, (consent of the appellant Sawyer; the respondent in Sawyer; interveners A.G. Qc and A.G. Man. in Sawyer), Completed on: 2000-02-29 | Her Majesty the Queen |
| 2000-02-25 | Response to miscellaneous motion, (also the consent of the respondent in sawyer; the intervener A.G.B.C. in Sawyer), Completed on: 2000-02-25 | Her Majesty the Queen |
| 2000-02-25 | Notice of miscellaneous motion, to allow this appeal to be heard with Sawyer (27277); to extend time for filing of facta by the respondent and by the interveners in Sawyer; to delay the inscription of Sawyer to the fall session, Completed on: 2000-02-25 | Rui Wen Pan |
| 2000-02-25 | Letter acknowledging receipt of notice of appeal | |
| 2000-02-24 | Notice of appeal, Completed on: 2000-02-24 | Rui Wen Pan |
| 2000-02-01 | Notice of deposit of judgment issued to all parties | |
| 2000-01-27 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal is granted. Granted, no order as to costs |
|
| 1999-12-13 | All materials on application for leave submitted to the Judges, McL Ia Ma | |
| 1999-11-19 |
Decision on motion to extend time, Reg, to serve & file the respondent's response to Nov. 4/99. Granted, no order as to costs |
|
| 1999-11-19 | Submission of motion to extend time, Reg | |
| 1999-11-12 | Applicant's reply to respondent's argument, Completed on: 1999-11-12 | Rui Wen Pan |
| 1999-11-10 | Motion to extend time, (to file the response to Nov. 4, 1999), Completed on: 1999-11-10 | Her Majesty the Queen |
| 1999-11-04 | Respondent's response on the application for leave to appeal, (extension of time requested), Completed on: 1999-11-04 | Her Majesty the Queen |
| 1999-10-20 | Correspondence received from, K. Wright dated Oct. 20, 1999 (fax copy) re: similar issue with case Sawyer, file no. 27277 (original received on Oct. 26, 1999) | Rui Wen Pan |
| 1999-09-27 | General proceeding, response will be filed by Nov. 5, 1999, as per phone conversation with B.R. | Her Majesty the Queen |
| 1999-09-08 | Order on motion to extend the time to file and/or serve the leave application | |
| 1999-08-26 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 1999-08-26 | Appeal Court record, (5 boxes) | |
| 1999-08-18 |
Decision on motion to extend time to file and /or serve the leave application, Ia, to Aug. 20/99. Granted, no order as to costs |
|
| 1999-08-17 | Application for leave to appeal, Completed on: 1999-09-09 | Rui Wen Pan |
| 1999-08-17 | Submission of motion to extend time to file and/ or serve the leave application, Ia | |
| 1999-08-17 | Response to the motion to extend the time to file and / or serve the leave application, Completed on: 1999-08-17 | Her Majesty the Queen |
| 1999-08-17 | Motion to extend the time to file and or serve the application for leave to appeal, Completed on: 1999-08-17 | Rui Wen Pan |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Pan, Rui Wen | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Her Majesty the Queen | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Criminal Lawyers' Association (Ontario) | Intervener | Active |
| Attorney General of Manitoba | Intervener | Active |
| Attorney General of Québec | Intervener | Active |
| Attorney General of Canada | Intervener | Active |
| Attorney General of British Columbia | Intervener | Active |
Counsel
Party: Pan, Rui Wen
Counsel
Richard Litkowski
Toronto, Ontario
M5H 2M5
Telephone: (416) 364-1157
FAX: (416) 363-4978
Agent
303 - 99 Bank St.
Ottawa, Ontario
K1P 6B9
Telephone: (613) 233-1146
FAX: (613) 233-7190
Party: Her Majesty the Queen
Counsel
10th Floor, Crown Law Office Criminal
720 Bay Street
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4603
FAX: (416) 326-4656
Email: renee.pomerance@jus.gov.on.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Criminal Lawyers' Association (Ontario)
Counsel
1130 - 20 Dundas St. W.
P.O. Box 180
Toronto, Ontario
M5G 2G8
Telephone: (416) 977-6070
FAX: (416) 591-7333
Agent
800 - 200 Elgin St
Ottawa, Ontario
K2P 1L5
Telephone: (613) 233-7747
FAX: (613) 233-2374
Party: Attorney General of Manitoba
Counsel
Constitutional Law Branch
1205 - 405 Broadway
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 945-6723
FAX: (204) 945-0053
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Attorney General of Québec
Counsel
Patrick Michel
Gilles Laporte
Direction du droit autochtone et constitutionnel
1200, route de l'Église - 9e étage
Sainte-Foy, Quebec
G1V 4M1
Telephone: (418) 643-9059
FAX: (418) 646-5412
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: s.roussel@noelassocies.com
Party: Attorney General of Canada
Counsel
George Dolhai
Department of Justice
284 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4760
FAX: (613) 957-8412
Agent
284 Wellington Street, Suite 2311
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.ca
Party: Attorney General of British Columbia
Counsel
Mary Ainslie
600 - 865 Hornby Street
Vancouver, British Columbia
V6Z 2G3
Telephone: (604) 660-1126
FAX: (604) 660-1142
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Summary
Keywords
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Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
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Lower court rulings
Ontario Superior Court of Justice
Verdict and Sentence (with Jury)
Court of Appeal for Ontario
C13175
Appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
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